Everyone has the right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment.
Section 9: NZ Bill of Rights
The right not to be subjected to torture or cruel treatment is about protecting people from extreme harm or abuse, especially by those in power.
This provision says no one can be tortured or treated in a way that is cruel, degrading, or severely inhumane. This means the government and its agencies must not harm people in ways that cause serious pain or suffering, whether physical or mental. It places an obligation on the state to avoid committing such acts but also to protect people from them.
This right makes it absolutely clear: the State must never torture or subject anyone to cruel or degrading treatment. It protects individuals when they are most vulnerable, reminding those in power of their duty not to inflict extreme suffering or humiliation—physical or mental. It doesn’t just guard against outright torture; it forbids any treatment so harsh that it strips someone of dignity or causes serious harm.
Disproportionately severe punishment unfortunately is sometime interpreted differently by politicians than by everyone else. Politicians often seek attention by criminalising something which was previously legal, or which is a minor variation of an existing crime. In those circumstances everyone has a right that the punishment is similar to roughly similar offences. If speeding in a red coloured car was to become a separate offence, the punishment would have to be roughly the same as for speeding in a blue coloured car, or our section 9 rights would be violated.
Think of people in police custody, prison, detention centres, or other settings where the State holds control over them. In those environments, authorities must tread with care and restraint. Use of excessive violence in an arrest, prolonged solitary confinement, or coercive interrogation—these can all violate Section 9. And it doesn’t matter whether there’s a state of emergency or a public safety threat: this right is absolute.